JUDGMENT : N. Paul Vasantha Kumar, J. 1. This appeal is filed by the National Institute of Electronics Information and Technology, Rangreth Srinagar challenging the order of the Writ Court made in OWP No. 14842014, dated 11.03.2015 wherein the Respondent Nos. 1 to 4 prayed for issuing writ of mandamus directing the appellant to refund the fee and original certificates of Respondent No. 4, deposited by them at the time of their admission to MCA programme in the appellant-Institute. It was the case of the respondent Nos. 1 to 4 before the Writ Court that they sought admission to MCA programme in the appellant-Institute through University of Kashmir. They were selected and admitted to the said course and the Respondent Nos. 1 to 3 apart from submitting their original certificates, deposited a sum of Rs. 421,250/- each whereas the Respondent No. 4 deposited a sum of Rs. 20,000/- as first installment and his original certificates. The Respondent Nos. 1 to 4 thereafter got admission to M. Sc. I.T. course at Central University Kashmir and approached the appellant to refund the fee paid by them and return the original certificates, however, the appellant refused to refund the fee and return the certificates of Respondent No. 4 by relying on the notification issued by the University Grants Commission dated 23.04.2007. 2. Having aggrieved about the non-refund of the fee paid and not returning the original certificates of the 4th respondent, the respondent Nos. 1 to 4 joined together and filed the writ petition with above said prayer, which was allowed by the Writ Court, against which this appeal is filed. It is the contention of the appellant that it closed the admissions to MCA programme on 09.06.2014 and Respondent Nos. 1 to 4 withdrew their admissions after the closure of the admissions i.e. after attending the classes for about two months and after 09.06.2014 no further admissions could be made by the appellant-Institute, which was already short of admissions inasmuch as 9 seats had been left vacant as on 09.06.2014. 1 to 4 withdrew their admissions after the closure of the admissions i.e. after attending the classes for about two months and after 09.06.2014 no further admissions could be made by the appellant-Institute, which was already short of admissions inasmuch as 9 seats had been left vacant as on 09.06.2014. According to the appellant, by notification issued by the University of Kashmir dated 28.02.2013 it was stated that refund of admission fee shall be allowed upto the closure of date of admission for all courses and refund claim having been made after the closure of admission, the refund claim was not acceded and the Writ Court has erroneously ordered the refund of the fee as if the last date of admission was never notified by the University. Learned Counsel appearing for the appellant heavily relied on the Circular issued by the University Grants Commission dated 23.04.2007. 3. The learned counsel appearing for respondent Nos. 1 to 4, on the other hand argued that the last date for admission to MCA course having not been notified by the University, it is for the appellant to fill up the vacant seats which arose prior to 09.06.2014 and after leaving of Respondent Nos. 1 to 4 from the appellant-Institute on their getting admission in M. Sc. I.T. course. The learned counsel argued that no last date is fixed for admission of students in MCA programme like admissions to Medical and PG Courses in the faculty of Medicines/Surgery/Dentistry. Learned counsel also stated that if at all the last date, if any, has to be fixed, it has to be fixed by the 5th respondent-University and not by the appellant-Institute. According to the learned Counsel the learned Single Judge has considered this aspect rightly and ordered refund of the admission fee which Respondent Nos. 1 to 4 have remitted at the time of joining the course. 4. Learned counsel for the appellant has submitted that certificates of 4th respondent have already been given to her and the issue which the appellant is agitating in this appeal is with regard to order of refund of the admission fee to Respondent Nos. 1 to 4, as ordered by the Writ Court. 5. We have considered the rival submissions. 6. Learned counsel for the appellant has submitted that certificates of 4th respondent have already been given to her and the issue which the appellant is agitating in this appeal is with regard to order of refund of the admission fee to Respondent Nos. 1 to 4, as ordered by the Writ Court. 5. We have considered the rival submissions. 6. A specific question was put to the learned counsel for the appellant with regard to the nature of the institute, i.e. whether it is a self financing institution or not. The learned counsel for the appellant fairly submitted that the appellant institute is not a self financing institution, which means that the appellant Institute is not being run on the basis of fees received from the students admitted in various courses. It is also not in dispute that University of Kashmir has not notified any cutoff date for completing the admissions to MCA programme and fixed the last date by which the admission list shall be submitted. The contention of the appellant is that 09.06.2014 was the last date fixed by the Institute for admission and admissions were closed from the said date. There is no sanctity for closing the admissions on 09.06.2014 which is also the stand of the University. Even on 09.06.2014, nine seats in MCA course for the academic sessions 2014-15 were vacant. Thus the fault is entirely on the part of the appellant in not filling the seats. If the University fixed 09.06.2014 as last date, it may not be possible for Respondent Nos. 1 to 4 to join the other course on 09.08.2014 i.e. M.Sc. I.T. at Central University of Kashmir. Thus the last date fixed by the appellant i.e. 09.06.2014 is without following any University guidelines or norms. The said fact was rightly appreciated by the learned Single Judge while deciding the writ petition. 7. The Circular of the University Grants Commission dated 23.04.2007, which the learned counsel for the appellant heavily relied on, states that the Universities and Institutions shall maintain a waiting list of students/candidates and in the event of a student/candidate withdrawing before the starting of the course, the wait listed candidates should be given admission against the vacant seats and in the event of a student leaving the course, the entire fee after deduction of processing fee of not more than Rs. 1,000/- shall be refunded and returned by the Institute/University to the student/candidate withdrawing from the course. It is further stated that if a student leaves after joining the course and if the seat consequently falling vacant has been filled by another candidate by the last date of admission, the Institution must return the fee collected with proportionate deductions of monthly fee and proportionate hostel rent whichever is applicable. Thus it is evident that the Institutes/Universities are bound to maintain the waiting list and they should operate the waiting list till the last date of admission, if any fixed and in case on the last date of admission even after the waiting list is operated, the seat is unable to be filled up then only the claim of the student leaving the Institute could be rejected. Thus we are of the view that the learned Single Judge is justified in ordering refund of the fee remitted by Respondent Nos. 1 to 4, taking note of the fact that the University of Kashmir has not fixed any last date for admission to MCA Programme and the failure to fill up the vacant seats is on the part of the appellant after the withdrawal of admission by the Respondent Nos. 1 to 4. There is no merit in the appeal and the same is dismissed with a direction to the appellant to refund the fee remitted by Respondent Nos. 1 to 4 respectively, as ordered by the Writ Court on 11.03.2015 within three weeks from the date of receipt of copy of this order. No costs.